Perry vetoes roadside animal sales bill

Matt Stephens

Published 8:56 pm, Tuesday, June 21, 2011

Having passed the other 41 steps to become law, House Bill 1768 failed to pass the 42nd, as Gov. Rick Perry vetoed the bill Friday, which could have prevented the roadside sale of animals in Montgomery County.

“House Bill 1768 would encroach upon the rights of private enterprise and property owners while fundamentally altering and expanding the role of county government,” Perry said in his veto statement.

“It would be unfortunate if, through regulation, we unintentionally prevented, for example, the owner of a peach orchard with baskets of fruit or a Girl Scout troop with cartons of cookies from reaching their consumers. As a state, we should not raise barriers of entry into the marketplace, stifle competition or hinder the entrepreneurial spirit.”

The bill would have allowed the commissioners court of a county with a population of 450,000 or more to regulate vendors in the right of way of a public road, highway or parking lot. A similar piece of legislation passed in 2007 for counties of 1.3 million or more, and the legislation has led to roadside sellers of animals moving their business from neighboring areas into Montgomery County.

State Rep. Rob Eisser, R-The Woodlands, was one of the authors of the bill and admitted there was some frustration to Perry’s veto, although he believes the governor would like to help solve the problem without legislation.

“I can’t argue with it. He’s our governor and I voted for him, and I’d vote for him again.”

Eissler said the goal is to meet with DPS and county health officials to try to fix the problems presented by the bill without the legislation. Perry stated he is “directing the Texas Department of Public Safety and the Texas Department of Transportation to work together with county governments to assist them in fully utilizing the existing tools at their disposal to balance public safety and free enterprise.”

Precinct 3 Constable Tim Holifield said he and the county will meet with legislators after the special session to discuss possible solutions to the problem of roadside sales of animals. Holifield believes there may be a possibility of addressing the issue without legislation, including signage on roadways which may be enforceable.

“It’s with sadness and disappointment that I accept his veto, but we will continue to work with legislators on this issue,” Holifield said.

Montgomery County Judge Alan B. Sadler said the issue “is worth taking a look at,” but he doubts the county will be able to do anything about the issue without legislation.

“The county has no ordinance-making ability that would restrict it,” Sadler said. “We need to continue our efforts, and I will speak with County Attorney David Walker about it.”

While Perry vetoed one animal bill, he passed another, as the Puppy Mill Bill, HB 1451, was signed into law Friday. The bill allows the Texas Department of Licensing and Regulation to perform annual inspections of breeders who have 11 or more breeding females and sell 20 or more animals in a year. Breeders are required to pay a fee and apply for a commercial breeder’s license.

Holifield said he believes the passage of the Puppy Mill Bill will help lower the Montgomery County Animal Shelter’s 44 percent euthanization rate over time.

“I think we’ll start seeing a decrease in the number of animals coming in and the number being euthanized,” Holifield said.

Laura McConnell, president of the Lone Star Animal Welfare League, worries the Puppy Mill Bill will not address the problem of the roadside sale of animals.

“I don’t feel that he really read the bill, because it’s not about Girl Scout cookies, it’s about companion animals,” McConnell said of Perry’s veto. “We’re trying to stop irresponsible people from putting puppies and kittens out in the heat.”

McConnell said she “was devastated” when she heard of the veto, as she believed HB 1768 would pass. She said she hopes the issue can be addressed without legislation or in the next session in 2013.

“I hope they can, because I think everyone in our area was supportive of it,” she said.